In the matter of Akash Jindal, Cp (Ib) No. 80/94 (1)/JPR/2021
Case brief
What is this about?
The National Company Law Tribunal, Jaipur Bench admitted an application under Section 94 of the Insolvency and Bankruptcy Code, 2016, to initiate insolvency resolution process against a personal guarantor. The court imposed an interim moratorium and appointed the nominated Resolution Professional.
What did the court decide?
Application admitted; interim moratorium imposed; Mr. Vishnu Upadhyay appointed as Resolution Professional.
What the court decided
A compact analysis
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE NATIONAL COMPANY LAW TRIBUNAL JAIPUR BENCH. JAIPUR
Company Petition No. (IB)-80/9 4(l)l JPRl202l
CORAM: SH. DEEP CHANDRA JOSHI, MEMBER(JUDICIAL) SH. RAGHU NAYYAR, MEMBER (TECHNICAL)
IN THE MATTER OF SBCTION 94 of The Insolvency and Bankruptcy Code, 2016 read with Rule 6(l) of the Insolvency and Bankruptcy (Application to Adjudicating Authority for Insolvency Resolution Process for Personal Guarantors to Corporate Debtors) Rules, 2019
In the matter of: AKASH JINDAL A-147, Kumud Vihar,
Bhilwara- 3 1 1 001 (Rajasthan)
...Guarantor I Applicant
For the Applicant
: Anurag Kalavatiya, Adv.
Order Pronounced On :09.11.2021
ORDER
Per: Shri Raghu Nalyar. Technical Member
Issues for consideration
3 issues framed by the court
Whether the application for initiating insolvency resolution process under Section 94 of the Code is prima facie maintainable.
Whether an interim moratorium under Section 96(1) of the Code commences from the date of filing the application.
Whether the nominated Insolvency Professional is eligible to be appointed as Resolution Professional.
Parties & counsel
- applicant
Akash Jindal
Coram
Deep Chandra Joshi
Raghu Nayyar
Case details
As recorded by the court registry
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